PRATAP KUMAR SETHY Vs. SASMITA SETHY

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Petitioner in this RPFAM seeks to assail the judgment order dtd. 28/9/2023 (Annexure-6) passed in Criminal Proceeding No.195 of 2019, whereby learned Judge, Family Court, Jajpur directed the Petitioner to pay a sum of Rs.25,000.00 per month as maintenance to the Opposite Party from the date of filing of the application, i.e., 26/9/2019.

(3.) Mr. Mohapatra, learned counsel for the Petitioner submits that relationship between the parties is not disputed. It is also not disputed that the Petitioner is working in BSF and was getting salary of Rs.75,093.00 per month, but his income varies from month to month depending upon the place of posting. Thus, a direction to pay Rs.25,000.00 per month as maintenance to the Opposite Party is highly unreasonable and the Petitioner is not in a position to pay the same, as he has other dependants. The Petitioner also has personal expenditures. He further submits that the Opposite Party should be paid 1/4th of his salary as maintenance.